§ 1 Applicability
(1) The present General Terms and Conditions ("GTC") contain the exclusively applying conditions between you (“customer”) and us, Innovative Training Systems GmbH, Große Lachstraße 66, 69207 Sandhausen, Germany. Contradictory or differing terms offered by the customer will not be recognized by us unless expressly agreed upon.
(2) Our sales personnel are not authorized to make oral agreements differing from those on the order form or these GTC pertaining to the contract with you as customer.
(3) As customer, you are cosumer as defined by § 13 Bürgerliches Gesetzbuch (German Civil Code) insofar as the purpose of ordered deliveries or services cannot be regarded as part of your commercial or self-employed occupational activity.
§ 2 Offer and conclusion of contract
(1) The presentation of our products on our homepage www.suprfit.eu is no binding offer on our part. You may choose from the range of products offered by us, and, by clicking the button “Add to Cart”, place your items of choice in a virtual cart without commitment. You can view the contents of your cart at any time by clicking the button “My Cart”. Chosen products can be deleted from the cart at any time by clicking the button “Delete Item” . You may also change the volume of each article you would like to order by inserting the number und clicking the button „refresh cart“.
By clicking the button “check out” you make a binding offer to purchase the products in the cart at the time. You will then receive for your information a notice of receipt via e-mail listing again your order; this e-mail does not constitute an acceptance of your offer; it merely serves to inform you that we have received your order.
(2) A contract between you and us is only concluded with a separate express declaration of acceptance by us, issued within four working days by a separate e-mail, a confirmation of dispatch or by sending of the ordered products. We record the wording of the contract; you can check your order via our website www.suprfiteurope.eu at any time in your personal log-in via the button “My Account”. Please note that orders via e-mail or phone are not listed in this area.
§ 3 Prices; postage an packing; terms of payment;
(1) All prices given on our website include value added tax.
(2) Unless expressly agreed otherwise in writing, our prices are calculated ex works from our depot in Mannheim, including packaging. Pickup at our depot will have to be agreed in advance. Orders placed via our website www.suprfiteurope.eu are delivered within the European Union, as well as Switzerland and Israel.
(3) Postage and packing costs costs are indicated here.
(4) The purchasing price is due immediately upon conclusion of the contract. Payment of goods may be made by payment in advance or via PayPal. We use transfer matrix method “SSL” for encoding of your personal data.
Payment in advance: if you chose payment in advance as payment method, we will indicate our banking account in the order confirmation. The amount invoiced is due within seven days.
Paypal: you pay the invoiced amount via PayPal, you have to be registered with tob e able to use this online service.
§ 4 Availability; delivery
(1) Should a product ordered by you not be available at the time of placement of the order, we will inform you without delay. Should the product be permanently unavailable, we reserve the right to not accept your offer. In that case, no contract will be agreed upon between you and us.
(2) Should a product ordered by you be temporarily not available at the time of placement of the order, we will also inform you without delay. Should delivery be delayed by more than two weeks, we will inform you without delay. You then have the right to withdraw from the contract. Any payments made by you will be refunded without delay.
(3) Our deliveries and services are effected as swiftly as possible, at the latest within five working days after payment has been made, unless expressly agreed otherwise or the page of the product in question expressly gives differing delivery dates. We reserve the right to effect partial deliveries if reasonable and necessary for swift processing.
§ 5 Retention of title
We reserve the right to ownership of the products delivered to you by us until receipt of all payments for these products.
§ 6 Warranty; liability
(1) In case of defective products, we are liable subject to statutory provisions.
(2) Liability for defects for new products is two years from the moment of transfer of perils. Liability for defects for used goods is limited to one year from the moment of transfer of perils; this limitation does not apply to further claims, in particular with regard to damages deriving from the injury to life, body and health.
(3) Customers’ claims for compensation for damages are excluded. Exceptions are claims for compensation resulting from damages deriving from the injury to life, body and health, or breach of elementary contractual obligations (cardinal obligations), as well as liability for other damages resulting from intention or gross negligence by the contractor, his legal representatives or persons assisting in the performing of obligations. Elemental contractual obligations are obligations whose fulfilment is necessary to the attainment of the intent of the contract.
(4) In case of breach of elementary contractual obligations, the contractor will only be liable for foreseeable damages pertaining to the contract if caused by negligence, unless in case of customers’ claims for compensation for damages deriving from the injury to life, body and health.
(5) The restrictions on liability set forth in paragraphs 3 and 4 are also applicable to our legal representatives and persons assisting in the performing of obligations, if claims are made against them directly.
(6) The provisions of the German Produkthaftungsgesetz (Product Liability Act) remain unaffected.
§ 7 Instruction on consumer’s right of revocation
Right of revocation
You have the right to revoke your declaration of intent within 14 days without any specification of reasons in written form (e. g. letter, facsimile, e-mail) or – if the goods are ceded to you before expiry of this period of time – by return of the goods. The period of time begins at the point of time when you have been informed in text form, but does not commence prior to the date of receipt of the goods by the receiver (in case of recurrent deliveries of goods of similar type not prior to the date of receipt of the first partial shipment) and also not prior to the date of the fulfillment of our information requirements under the terms of Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB and our duties under the terms of § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the time limit, dispatch in good time is sufficient.
Notice of revocation is to be made to:
Innovative Training Systems GmbH
4. Industriestraße 20
Phone: +49 (0) 30 726215180
Consequences of revocation:
In case of effective revocation, mutually received benefits are to be returned and any returns received (e. g. interest) are to be released. If the benefits received by you cannot be returned wholly or in part or are deteriorated, you may be required to compensate for damages or deterioration incurred. In case of cession of goods, this does not apply if the decrease in value is exclusively due to the customer’s inspecting or testing the goods in a manner possible, for instance, in a shop. If goods can be returned by parcel, return shipment will be at our risk. Return shipments will be at your cost if the delivered goods comply with the goods ordered and if the price of the goods to be returned does not exceed 40 Euros or if the price of the goods to be returned exceeds 40 Euros and you have, at the time of delivery, not rendered compensation or partial payment contractually agreed upon. Otherwise, return shipments will be cost-free. If goods cannot be returned by parcel, they will be retrieved from your address.
Obligations of reimbursement have to be fulfilled within 30 days. The period of time for reimbursement will commence upon giving notification of revocation or sending back the goods for you, upon receipt of goods for us.
End of instruction on consumers’ right of revocation.
§8 Postage and packing costs when exercising right of revocation
If you as customer exercise your right of revocation (cf. Instruction on Customers’ Right of Revocation), you will have to bear regular postage and packing costs if the price of the goods to be returned does not exceed 40 Euros incl. Value Added Tax or if the price of the goods to be returned exceeds 40 Euros and you have, at the time of revocation, not rendered compensation or partial payment contractually agreed upon. Otherwise, return shipments will be cost-free.
§ 9 Final provisions
(1) The relations between us and you are exclusively subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods as of 11 April 1980 (CISG) does not apply.
(2) If single provisions of these GTC are or become invalid, the validity of the other provisions is not affected.